Digital Commons Network^™

Clinical Case Mix And Other Challenges To Detroit's Medicaid-Dependent Nursing Homes, Richard L. Douglass, William Lavery, Paul Bridgewater, Gloria Long, Joyce Blair

Michigan Journal of Public Health

Nursing homes that care for the poor in Detroit are frequently dependent upon Medicaid as their principal source of revenue. These facilities face numerous challenges because they face limited resources for maintenance of facilities, staff and administrative supports, and other normal costs. They lack the kinds of support that are provided in-kind, or by more generous sources of revenue and are often characterized as institutions of poor quality; yet nearly 70% of the nation’s Medicaid-recipient elderly nursing home patients are in for-profit facilities that are sustained largely on Medicaid funding. These facilities are often sources of care for underserved minority …

Who's Afraid Of The Big Bad Wolf? The International Criminal Court As A Weapon Of Asymmetric Warfare, W. C. Austin

Vanderbilt Journal of Transnational Law

The United States is engaged in a war on terror against enemies who wage "asymmetric war" through terrorism, media manipulation, and "law-fare"---exploiting judicial processes to achieve political or military objectives.

This Article explores whether the fledgling International Criminal Court (ICC) could eventually be exploited by these groups as a tool of asymmetric "law-fare." It briefly traces the history of the ICC and recounts why the United States opposes the Court. Examining the methods of asymmetric war, the Authors then explore whether the ICC could be exploited by future asymmetric warriors.

The Authors describe three asymmetric methods that could be used …

Criminalizing Marital Rape: A Comparison Of Judicial And Legislative Approaches, Theresa Fus

Vanderbilt Journal of Transnational Law

Even though many countries still permit husbands to rape their wives with little or no consequence, there is a growing trend that marital exemption is unjust and has no place in a civilized society. Recognition of the inappropriateness of marital exemption is, however, only the first step towards its elimination. To effectively equalize treatment of marital and non-marital rape, legislatures and judiciaries must take action. Several countries have already been host to the abolition of marital immunity, but their approaches may not be the most effective. This Note examines the experiences of England and Canada as examples of judicial and …

How Should A Court Deal With A Primary Question That The Legislature Seeks To Avoid?, Gidon Sapir

Vanderbilt Journal of Transnational Law

Legislative avoidance of principled decisions on substantive questions by transferring the decision-making task to the executive branch, is a frequent scenario. The legislature does this by way of either express or hidden delegation, i.e., by using ambiguous wording that on its face only requires interpretation but which in fact requires a substantive decision on the matter at stake. The Israeli legislature resorted to the hidden delegation tactic to avoid the adoption of a substantive decision in the dispute over the question of who is a Jew--a dispute that has divided Israeli society and World Jewry (especially its U.S. component) since …

Toward Facilitating A Voice For Politically Marginalized Minorities And Enhancing Presidential Public Accountability And Transparency In Foreign Health Policymaking, Nina J. Crimm

Vanderbilt Journal of Transnational Law

Residents of underdeveloped countries who belong to ethnic, racial, sexual, and political minorities usually endure relatively ineffective political voices. More than any other world population segment, these marginalized people are vulnerable to, and suffer from, compromised health and life expectancies. Their immense human tolls have spawned severe global humanitarian, economic, social, political, and security dilemmas contrary to the strategic interests of the United States. Despite recognition of these devastating harms here and abroad, the president as de facto primary U.S. foreign policymaker continues to formulate foreign health policy in an insular policymaking environment. The insularity enables the president to design …

Finding The Winning Combination: How Blending Organ Procurement Systems Used Internationally Can Reduce The Organ Shortage, Sarah E. Statz

Vanderbilt Journal of Transnational Law

The shortage in transplantable organs worldwide not only leads to unnecessary death, but also to grave human rights abuses through illegal methods of procuring organs. The shortage leads some desperate to find an organ through any possible means, including purchasing an organ on the black market. The system for procuring organs in the United States is based on altruism, where potential donors have to opt in to the system in order for their organs to be donated. This creates issues at the time of death for medical professionals or the next of kin to decide whether their patient or loved …

Is The Cisg Benefiting Anybody?, Gilles Cuniberti

Vanderbilt Journal of Transnational Law

The Convention on Contracts for International Sale of Goods (CISG) was supposed to increase legal certainty and reduce the transaction costs of international buyers and sellers. This Article argues that none of these goals has been met. A survey of 181 court decisions and arbitral awards applying the CISG shows that the vast majority of international buyers and sellers do not address the issue of the law governing their contracts, irrespective of the value at stake. Although the data is not easy to interpret, it follows that international buyers and sellers are simply not concerned with the legal regime governing …

Punishment And Accountability: Understanding And Reforming Criminal Sanctions In America, Donald Braman

GW Law Faculty Publications & Other Works

The vast majority of Americans favor sanctions that require offenders to engage in responsible behavior - to work, pay restitution, or support dependents; to participate in a mandatory job training, literacy, or drug treatment program; or to meet some other prosocial obligation. While this intuitive preference crosses political and ideological divides, nothing in our classical theories of punishment properly accounts for or develops this intuition. In this Article, Donald Braman explores the popular preference for and the benefits that attach to these accountability-reinforcing sanctions. Reviewing existing and original ethnographic, interview, and survey data, he describes why these sanctions have such …

Poor Children: Child Witches And Child Soldiers In Sub-Saharan Africa, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This paper, written for a symposium on The Mind of a Child, examines two different aspects of the accountability of children: those children who are thrown away by their families because they are sorcerers, and those children who become soldiers and, through their involvement in armed conflict, inflict violence and death on others, including children. Like all other children, both sets of children are especially vulnerable because of their developmental (im)maturity. Indeed, as policy-makers struggle to develop strategies for responding to the needs of these children, the new neuroscientific literature provides yet another basis for arguing that children must be …

A Tale Of Two Bloggers: Free Speech And Privacy In The Blogosphere, Daniel J. Solove

GW Law Faculty Publications & Other Works

This short essay was written for the symposium, Bloggership: How Blogs are Transforming Legal Scholarship, held at Harvard Law School on April 27-28, 2006. In this essay, Professor Solove examines Glenn Reynold's new book, An Army of Davids, which champions little guy bloggers (the Davids) who are taking on mainstream media entities (the Goliaths).

Who exactly is David? We have a rather romantic conception of bloggers; we envision Eugene Volokh, but most bloggers are probably more akin to Jessica Cutler, the U.S. Senate staffer who blogged about sex gossip. The average blogger is a teenager writing an online diary, not …

No Child Left Behind (2001) And High Stakes Tests : How They Affect Teachers' Experiences In The Classroom, Emily N. Olson

Dissertations and Theses @ UNI

The purpose of this study is to investigate whether No Child Left Behind (2001) and high-stakes tests affect teachers' experiences in the classroom, in areas such as instruction, attitude/anxiety, and job satisfaction. This study also investigates whether teachers in schools labeled "in need of improvement" are affected differently than teachers in schools that are not labeled. Thirty-eight teachers in four urban elementary schools in Iowa who work with 3rd, 4th, and 5th grade students responded to a 30-question survey that used a 5-point Likert scale. Data were analyzed using descriptive statistics as well as ANOVA to investigate a possible difference …

Place As Metonym And Metaphore In Joyce Carol Oates's "Shopping", Robert Preissle

Short Story

No abstract provided.

Travel Companion, Tim Davis

Short Story

No abstract provided.

Service Quality, Customer Satisfaction And Customer Loyalty In Consumer Electronics E-Tailers: A Structural Equation Modeling Approach, Kuang-Wen Wu

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The E-S-QUAL and E-RecS-QUAL scales have been successfully tested in a study by Parasuraman, Zeithaml, and Malhotra (2005). However, E-S-QUAL and E-RecS­ QUAL are newly developed and lack specific application to different types of e-business. This non-experimental, correlational study is the first to examine and explore the relationships among electronic service quality, customer satisfaction, and customer loyalty for consumer electronics e-tailers.

Using quota and snowball sampling, participants from the continental United States received e-mail invitations and voluntarily forwarded the e-mail invitations to their friends and family. A total of 276 participants completed the online survey. This study's demographic characteristics included …

Beyond Patents: The Cultural Life Of Native Healing And The Limitations Of The Patent System As A Protective Mechanism For Indigenous Knowledge On The Medicinal Uses Of Plants, Ikechi Mgbeoji

Canadian Journal of Law and Technology

The question that this paper seeks to tackle is whether in the contest of allegations of biopiracy and in the search for effective mechanisms for the protection of indigenous knowledge of the medicinal uses of plants possessed by traditional healers of southern Nigeria, there is any role for the patent regime. Given the popularity of alternative forms of health care, this question is of importance in contemporary discourse.

Review Of Legal Issues In Electronic Commerce, 2nd Edition (Concord, Ontario: Captus Press, 2005), Chidi Oguamanam

Canadian Journal of Law and Technology

This collection of materials is part of the Canadian Legal Studies Series. According to the publishers, the objective of the Series is to offer ‘‘a wealth of carefully selected, and up-to-date examinations of Canadian legal issues’’. The first of such collections under the same title appeared in 2002. According to Takach, one of the dynamics of computer, and indeed information technology, law is rapid change in technology trends. Thus, after two years, technological developments and corresponding legal responses on the subject of electronic commerce warrant a new edition of materials of this nature.

"Shadows Of The Collapse" : 25th Hour As Collective Event, Aaron Wentz

Undergraduate Theses and Senior Projects

No abstract provided.

A Survey On Nursing Assistant Attitudes And Knowledge Of Behavior Management, Ana Tobiasz

Undergraduate Theses and Senior Projects

No abstract provided.

Thinking Back : A Restropective On Writing The Stones Of Hermes, Loren Nieuwsma

Undergraduate Theses and Senior Projects

No abstract provided.

Encouraging Young Women To Be Entrepreneurial, Katie A. Ibach

Undergraduate Theses and Senior Projects

No abstract provided.

Brain, Body & Stress, Kristen Fried

Undergraduate Theses and Senior Projects

No abstract provided.

Ricoeur’S Critical Hermeneutics And The Psychotherapeutic Model Of Critical Theory, Francis J. Mootz Iii

Scholarly Works

This paper seeks to extend Ricoeur’s acclaimed mediation of the Gadamer-Habermas debate. Freud’s psychoanalytic practice was an important touchstone for the debate, and Ricoeur’s reading of Freud provides a key to his critical intervention in the debate. The emerging postmodern account of psychotherapeutic practice provides a model of the critical hermeneutics that Ricoeur championed. Bringing Ricoeur’s insights to bear on this model, we can advance the questioning spurred by the Gadamer-Habermas debate without pretending to bring closure to the unending conversation of thinking.

Instituting Innocence Reform: Wisconsin's New Governance Experiment, Katherine R. Kruse

Scholarly Works

The DNA exoneration cases of the past two decades have provided a window into what hasn't been working in the criminal justice system and an agenda for criminal justice reform. The challenge currently facing the innocence reform community is to translate this agenda into concrete reforms that institute and sustain best practices for the investigation and prosecution of crimes, while allowing flexibility for the understanding of best practices to continue to evolve. In 2005, Wisconsin underwent a breathtaking course of legal reform in two of the problem areas that have plagued wrongful convictions: mistaken eyewitness identification and false confession. The …

A Study Of The Decision To Remove Children From Their Parents By Child Welfare Supervisors, Charles F. Lorbeer

Walden Dissertations and Doctoral Studies

A STUDY OF THE DECISION TO REMOVE CHILDREN FROM THEIR PARENTS BY CHILD WELFARE SUPERVISORS

by Charles F. Lorbeer

Dissertation Chair: Dr. Aqueil Ahmad

Committee Members: Dr. Aqueil Ahmad, Dr. Robert Butters, and Dr. Ashakant Nimbark,

The goal of this study was to analyze the decision by child welfare supervisors to remove children from their parents. This was accomplished by studying the effect that three specific factors have on that decision. The three factors were 1) physical abuse, 2) domestic violence and substance abuse, and 3) availability of services to help the family.

Decision theory provided the conceptual framework for …

As For Self-Representation In The International Criminal Court, Is There An International Right To Self-Representation In War Crimes Trials, Or Should Defense Counsel Be Imposed From The Outset Of The Trial At The Icc? How Should The Icc Deal With A Defendant-Lawyer Who Uses Self-Representation To Disrupt The Orderly Trial Proceedings?, Chelan Bliss

War Crimes Memoranda

No abstract provided.

Did The Forcible Transfer, Active Concealment, Torture And Murder Of Non-Combatant Kuwaiti Citizens And Third Party Nationals In August Of 1991 To March Of 1992 Constitute Any Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Capture, Torture And Public Murder Of Captive Coalition Troops By Iraqi Troops During The 1991 War Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Seizure And Placement Of Non-Combatant Foreigners In Direct Proximity To Military Targets Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal?, Gregory S. Mcneal

War Crimes Memoranda

No abstract provided.

To What Extent Is Icty Rule 90(H)(Ii), Ictr Rule 90(G)(Ii), Or The Rule From Browne V. Dunn, Followed In The Laws Of Different Nations?, Susanne Townsend

War Crimes Memoranda

No abstract provided.

Investigating The Processing Style Account Of The Effects Of Naval Processing On Face Recognition Performance, Nicola Jane Weston

School of Psychology Theses

Engaging in Navon processing prior to face recognition influences recognition performance (Macrae & Lewis, 2002; Perfect, 2003; Weston & Perfect, 2005). Past research has shown that global Navon processing can improve face recognition accuracy whereas local Navon processing impairs it. One explanation, and the dominant one in the literature, is that the Navon letter task elicits holistic and featural processing styles which map onto the holistic and featural processing used in face recognition. However, this theory has not been extensively tested in the literature. This thesis investigates whether processing style can explain the effects caused by the Navon letter task, …

Forfeiture By Wrongdoing: A Panacea For Victimless Domestic Violence Prosecutions, Andrew King-Ries

Faculty Law Review Articles

In this article the author explores whether the rule of forfeiture by wrongdoing is the post-Crawford panacea for victimless domestic violence prosecutions. Section II briefly discusses the Crawford decision and the revitalization of the Confrontation Clause. The author highlights Crawford's recognition of the rule of forfeiture by wrongdoing and the traditional concept of forfeiture by wrongdoing. Section III presents difficulties with the rule of forfeiture by wrongdoing in the domestic violence context. In Section IV the author proposes solutions to these difficulties along with the additional requirements that are necessary when applying the rule in domestic violence cases …

Against Bipolar Black Masculinity: Intersectionality, Assimilation, Identity Performance, And Hierarchy, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper contends that popular representations of heterosexual black men are bipolar. Those images alternate between a Bad Black Man who is crime-prone and hypersexual and a Good Black Man who distances himself from blackness and associates with white norms. The threat of the Bad Black Man label provides heterosexual black men with an assimilationist incentive to perform our identities consistent with the Good Black Man image.

The reason for bipolar black masculinity is that it helps resolve the white mainstream's post-civil rights anxiety. That anxiety results from the conflict between the nation's relatively recent …